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A sad Tale of California Justice

CaddmannQ

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Some time ago last year, I told you guys about my buddy the FFL who wound up in court. This is the guy that over three-quarters of my guns have been bought through and I have known him for 30 years.

They caught him with an SBR & 6 non-Bulletbutton ARs. Now he did not actually sell any of them or offer any of them for sale to civilians. Also it was entirely legal for him to have those non-compliant weapons, since he was the executive officer of the sheriff's Air Squadron and well-known, and a good portion of his sales was to the law enforcement people who are entitled to own such in California.

He was initially charged with seven felonies, plus numerous misdemeanors related to slight irregularities in FFL paperwork. Most of it boiled down to poor handwriting or some missing signature.

One charge evolved where he had donated a gun to a charity raffle at the Waterfowl Club, but there was a delay and the actual paperwork was eventually processed by another FFL in the same waterfowl Club. The winner never picked up the gun because he failed the background check, and so it was sold off to someone else and my buddy never had a completed record of that final transaction, which had been legally processed by another FFL.

Out of the pile of charges they threw at him every one was dropped except the SBR.

All his guns were locked up in racks and safes, but that SBR was not properly stored. It was hanging on the back of his bedroom door.

So after about $15,000 in legal fees and other expenses, they cleared his FFL & DOJ license, he paid a fine & got sentenced to community service on the improper storage charge.

Unfortunately the City of Fresno decided he's not of good character now, and refused his business license renewal.

He had ordered a gun for a friend and when it came in the guy did not like it. But he'd already paid for it & the paperwork had been processed. My buddy cancelled it all, sold him a different gun, put the first gun in the safe, and eventually sold it to someone else.

This gun never left his shop after it was received except for a test firing at the Rifle Club.

But because it had been sold and unsold and resold on paper, the city said "it's used merchandise."

His license did not cover the sale of used merchandise, but only new.

Normally, you'd think they might just give him a small fine and life would go on, but they took away his business license and he's had to close down shop.

Essentially he is out of a job at 64 years old. The state of California has de-facto run him out of business here. This is happening to FFLs all over the state by the way. They hired a lot of new agents and they are out on "training missions" basically rousting everybody they can find the smallest reason to hassle.

My buddy could open up in a different jurisdiction, but this is where all the business is. He would go broke. His location is gone, his business is ruined & he's destroyed. He's bought a travel trailer and he's going to load up his guns and go hunting.

He's got some serious health problems and I know he may not be back.

And if he shoots himself, you know that the state of California is not going to take responsibility. They're going to blame it on irresponsible gun owners or some BS.
 
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It is so sad, but I think this is going to be happening more frequently. It is another government tactic to get rid of guns and the people that enjoy them. Every government entity from Federal all the way down to counties and townships will be that way if and when they are taken over by liberals. What is really sad is the fact that so many are happy to sit on their butts and watch it happen. We have to teach our children and grandchildren about freedom and liberty . We have to make sure they know the sacrifices made by so many to ensure freedom shines in America.

Our children must know that America is and has always been the greatest country in the history of this planet, and liberals must not be allowed to teach or tell them any differently.

Cadd, I hope everything turns out good for your buddy .
 
If he had an unpapered SBR, he's dad-gone lucky not to be getting 10 years/$100,000 fine out of it. Because that's what the Federal penalty for it is.

If he had his FFL's for 30 years, he should know to play by the rules. The only way to get out of the SBR charge from my opinion based on what you wrote, would be to prove that it was the part of the sheriffs office property, if it was in fact issued by them and their property.

The ATF is also very serious about their paperwork too. The raffled gun is a little confusing, but should've been transferred in his acquisition and disposition book. That too is required material for every licensed FFL.

The "improper storage" charge must be a state/local requirement. I don't want to speculate about that.

The local issue of selling "used" materials sounds like retardation in the ninth degree. FFL's regularly take used firearms in for trade and often outright purchase.

But going back to the raffled gun, if another FFL did the transfer though, the paper trail should have indicated though. His bound book should have shown his acquisition where he got it, then on the same line, his disposition to whatever the other gun dealers license name and number is. That's why the bound book exists, which as I mentioned, is federally required. That's how the ATF can initiate a gun trace based on serial numbers.

Theoretically, the trail should go dark after the first purchaser after the distributor/dealer, but I believe they are being stored illegally after such. That's why FFL's are required to keep their 4473's for a period of not less than 20 years, and/or surrender them to the ATF LICENSING CENTER in Atlanta, ga at the end of their business if they close prior to that.

There is even been video and news reports where the ATF can go through microfiche to find a particular gun from old 4473 background check papers that have been turned into the ATF. They have ran out of storage space for them and are even storing them in rented storage trailers. You can't convince me that they are not keeping track of them. Otherwise, what would be the purpose and cost of storage, employee payroll, etc.

More info about there here, but since there are two pages you'll also have to scroll down:
https://www.atf.gov/file/58616/download
 
I have known him for 30 years but he has not been an FFL for 30 years. Maybe 7 years.

They took all of his guns, raided his home and took all this personal guns, and all the guns at his business. They audited all his paperwork and the Auditors were at his business 3 or 4 times.

He got everything back except and non Bullet Button ARs and the SBR.

Eventually they did not call it an SBR but they called it something else, and I'm not an FFL so I can't recall. Essentially to me its a 10 shot semi auto pistol with a tricky snap on brace or butt plate. There must be a legal term for this. Or not???

Anyhow they skirted the rules requiring a felony charge, which was nice of everybody considering what the whole business ended up costing him.
 
ATF is allowed to perform a "compliance inspection" up to one time a year, and only during normal business hours that are disclosed on the FFL paperwork when they are being filled out and processed.

Anything more than once a year, and they really probably should have a warrant.

I had my FFL's for nine years. In that time, I had one initial inspection/meeting prior to the issuance of my license with a field agent that discussed clerical processes and to answer any questions that I had and to inspect the property.

After that, my only dealing with ATF was during license renewal paperwork (every 3 years including the tax paid), and calling and asking for more 4473's as necessary and other routine instances.

Even calling in the background checks weren't handled with the ATF. While they had an ATF Liaison available if needed, background checks were handled by FBI/NICS.

Given the information that you provided, I question whether it was ATF proper or some other local/state agency. I know that California doj does most of the atf's responsibilities like approving dealer to dealer imports of firearms from other states, in advance, and for each one, and also for wait times and background checks.

I really question that it was ATF itself considering how much differently that situations seems to have been handled and treated than how my first hand experience with them has been. In all honestly, all of my ATF interactions have been pleasant and professional. Other than NFA branch, which is altogether different and I'm not going to get started on 12 month+ wait times for paperwork times.
 
From what you and John both describe it sounds like a bureaucratic nightmare.

We have restrictive laws here no doubt...but even that seems excessive.

It's weird and bizarre to me what they choose to focus on. It often seems the government wants to make paperwork criminals out of us.
 
Well my buddy has bought some used machine shop tools at auction, and is setting up nice old South Bend Lathe right now.

Because he knows I can program CNC machines, I expect him to be calling me after he buys one.
 
. . .
It's weird and bizarre to me what they choose to focus on. It often seems the government wants to make paperwork criminals out of us.

You have to understand that a lot of what is done by our government is done to distract attention from their own malfeasance and mistakes.

And a whole lot of their pronouncements are just babbling nonsense, by nonsense babblers like Maxine Waters, who keep getting elected because they appeal to the-ignorant-with-an-agenda.

But some of it is totally by Design.

In California it is very stylish to leave the front license plate off of your car. License plates also get stolen so this gives you a back up plate, just in case. They charge a lot for replacement plates.

But it's totally illegal to drive with just one plate, yet the cops turn a blind eye.

They do this because it gives them an excuse to stop someone they believe they need to stop, but don't yet have a good concrete reason to stop.

Sort of a form of entrapment.
 
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